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Taylor Nelson Amitrano
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Order | Filed: May 17, 2024 | Entered: May 17, 2024 United States of America v. Denise Dimacale et al
Taxes | California Central
Order
ORDER FOLLOWING BENCH TRIAL, 120 by Judge Consuelo B. Marshall: A. Foreclosure of Federal Tax Lien Against the Property (Claim One) 1. Treasury Regulation § 25.2702-5(c)sets forth the rules relating to the establishment and maintenance of Qualified Personal Residence Trusts (QPRT). 2. The IRS rules governing QPRTs require the trustor(s) of the QPRT to live in the property that is transferred to the QPRT as their residence for the entire term of the QPRT, without paying rent. Treas. Reg. § 25.2702-5(c). 3. To qualify as a QPRT, a trust must contain certain requirements, including that (1) the trust be irrevocable, (2) the trustor must use the residence as their personal residence during the trust term without paying rent, and (3) the trust must hold only the personal residence. Treas. Reg. § 25.2702-5(c). 4. The IRS rules also require the trustor(s) to pay for the maintenance and upkeep of the residence that is transferred to the QPRT during the term of the QPRT. Id. 5. At the end of the QPRT trust term, the beneficiary receives fee simple title to the personal residence and the trust terminates. 6. At the end of the QPRTs term, the residence that was transferred to the QPRT is owned outright by the beneficiary of the QPRT. 7. The retained use and enjoyment of a real property after it has been transferred to the QPRT and continued payment of all expenses associated with the real property are facts consistent with the requirements of a valid QPRT. Treas. Reg. § 25.2702-5(c)(2)(ii). 8. The grantor of a QPRT retains the right to live at the residence rent free but has to pay all costs associated with the residence for the duration of the trust term. 9. Daniel and Denise complied with the requirements governing the Trust. Thus, the Trust qualifies as a QPRT. 10. The Governments first cause of action is for foreclosure of the IRSs tax lien against the Property on the grounds that the Property was held by the Trust as a nominee in regard to the refinance of the home in 2002 and acquiring the line of credit in 2003. See Findings of Fact No. 27 and 34. 11. The nominee doctrine is an equitable device to prevent debtors or taxpayers from evading liability by shielding property from collection through fake transfers of the property to another entity. Prompt Staffing, Inc. v. United States, 321 F. Supp. 3d 1157, 1170 (C.D. Cal. 2018) (citing William D. Elliot, Fed. Tax Collect. Liens & Levies, 9.10 Nominee Liens and Alter Ego, 2018). 12. When a debtor transfers property to another entity, but continues to exercise ownership over that property, the law treats the debtor as the true owner of the property for liability purposes. Id. (citing Elliot at *1.). IT IS SO ORDERED. See order for more information. (shb)
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Misc | Filed: May 13, 2024 | Entered: May 13, 2024 United States of America v. Gordon J. Phillips, Jr. et al
Taxes | California Central
Satisfaction of Judgment
SATISFACTION OF JUDGMENT re Judgment,,, 46 entered In favor of United States of America Against Stacia A. Phillips - Notice of Satisfaction of Judgment filed by Plaintiff United States of America. (Ellis, John)
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Order | Filed: March 25, 2024 | Entered: March 25, 2024 United States of America v. Laura Kim
Taxes | California Central
Scheduling Order
SCHEDULING ORDER by Magistrate Judge Steve Kim. The Court enters the following pretrial scheduling order, which may be modified only upon a showing of good cause. Jury Trial (3 Days, excluding jury selection) September 17, 2024 at 8:30 am. Final Pretrial Conf., L.R. 16 Due 14 days before: Final Pretrial Conf Order, L.R. 16-7; Final Jury Instructions; Optional Voir Dire and Verdict Forms September 9, 2024 at 10:00 am. Initial Pretrial Conf., L.R. 16 (including Hearing on Motions in Limine) Due 21 days before: Motions in Limine-joint stipulation format (Maximum 3); L.R. 16-4, 16-5, 16-6 Documents; Joint and Disputed Jury Instructions; Joint Stmt of the Case August 19, 2024 at 10:00 am. (clee)
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